The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
As part of its routine monitoring program, the National Advertising Division of the Better Business Bureau (“NAD”) initiated an inquiry into the relationship between popular online clothing store Revolve Group, Inc. (“Revolve”), and certain influencers that tagged Revolve in their posts on social media, namely Georgia Hassarati and Alyssa Nicole Nelson. Specifically, NAD inquired regarding the influencers’ relationship to Revolve, and what measures were being undertaken by Revolve to ensure that the influencers it engages with comply with the Federal Trade Commission’s (“FTC”) Endorsement and Testimonial Guides (“Endorsement Guides”).
Andrew Lustigman, Chair of Olshan’s Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, and associate Morgan Spina will present a LawPracticeCLE webinar entitled “Sweepstakes, Contests, and Giveaways: Mastering the Legal and Regulatory Landscape” on March 27 from 2:00 – 3:30 P.M. (EST).
Trump Administration guts agency’s enforcement abilities
The administration of President Donald J. Trump, largely through Elon Musk’s Department of Government Efficiency, is moving rapidly to shut down the Consumer Financial Protection Bureau ("CFPB").
Chair of the firm's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman will participate in a panel entitled “A New Era of Endorsements, Testimonials, and Consumer Reviews: Navigating the FTC’s Final Rule and Emerging Areas of Risk for Enforcement and Penalties” as part of ACI’s 8th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation today at 1:00 P.M. at the New York City Bar Association in NYC.
Chair of the firm's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group Andrew Lustigman will participate in a panel discussion at Saint Louis University’s Gateway to Innovation: SLU Law IP, Entertainment, and Sports Law Conference on March 1, 2025, at 2:00 P.M.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, Chair of Olshan’s Intellectual Property Law Group and Co-Chair of the firm’s Brand Management & Protection Group Mary Grieco and associate Morgan Spina published an article in Bloomberg Law entitled “New FTC Chair Likely to Keep Up Enforcement on Auto-Renewals”
Lead generators and the companies that rely on them can breathe a sigh of relief. On Friday evening, less than three days before an onerous regulation was set to go into effect, the Federal Communications Commission (“FCC”) reversed itself, postponing the effective date by twelve months, to January 26, 2026. The regulation, known as the One-to-One Consent Rule, would have drastically hampered the lead generation business by requiring consumers to be advised, at the time of their initial consent, what companies would have the right to solicit them, even if the consumers wished to make an open-ended request to receive, for example, text messages from the lowest bidder.
Andrew Lustigman, Chair of Olshan's Advertising, Marketing & Promotions Group and Co-Chair of the firm’s Brand Management & Protection Group, published an article in New York Law Journal entitled “What Businesses Need to Know About Anticipated FTC Leadership Changes”
With an increase in both the number of trademark applications and fraudulent trademark applications over the last several years, the USPTO has recently instituted several additional filing requirements, increased most filing fees, and added new fee categories.